By Shapiro S.B. No. 1166
74R3511 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to registration requirements imposed on certain criminal
1-3 offenders.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The heading to Article 6252-13c.1, Revised
1-6 Statutes, is amended to read as follows:
1-7 Art. 6252-13c.1. <SEXUAL OFFENDER> REGISTRATION PROGRAM FOR
1-8 SEXUAL OFFENDERS AND OFFENDERS WHO VICTIMIZE CHILDREN.
1-9 SECTION 2. Section 1, Article 6252-13c.1, Revised Statutes,
1-10 is amended to read as follows:
1-11 Sec. 1. DEFINITIONS. In this article:
1-12 (1) "Department" means the Department of Public
1-13 Safety.
1-14 (2) "Local law enforcement authority" means the chief
1-15 of police of a municipality or the sheriff of a county in this
1-16 state.
1-17 (3) "Penal institution" means the institutional
1-18 division of the Texas Department of Criminal Justice or a county
1-19 jail.
1-20 (4) "Predatory" means for the primary purpose of
1-21 victimization.
1-22 (5) "Released" means discharged, paroled, or placed on
1-23 mandatory supervision.
1-24 (6) <(5)> "Reportable conviction or adjudication"
2-1 means:
2-2 (A) a conviction for violation of Section 21.11
2-3 (Indecency with a child), 22.011 (Sexual assault), 22.021
2-4 (Aggravated sexual assault), 25.02 (Prohibited sexual conduct)
2-5 <(Incest)>, Penal Code;
2-6 (B) a conviction for violation of Section 43.25
2-7 (Sexual performance by a child) or 43.26 (Possession or promotion
2-8 of child pornography), Penal Code;
2-9 (C) a conviction for a violation of Section
2-10 20.02 (False imprisonment), 20.03 (Kidnapping), 20.04 (Aggravated
2-11 kidnapping), or 43.05 (Compelling prostitution), if the victim of
2-12 the offense is a person who is younger than 18 years of age;
2-13 (D) a conviction for a violation of Section
2-14 22.01 (Assault), Penal Code, if the defendant committed the offense
2-15 with intent to violate or abuse the victim sexually;
2-16 (E) the fourth conviction for a violation of
2-17 Section 21.08 (Indecent exposure), Penal Code;
2-18 (F) <(D)> an adjudication of delinquent conduct
2-19 based on a violation of one of the offenses listed in Paragraph
2-20 (A), <or> (B), (C), or (D) of this subdivision or for which four
2-21 violations of the offenses listed in Paragraph (E) <(C)> of this
2-22 subdivision are shown; or
2-23 (G) <(E)> a deferred adjudication for an offense
2-24 listed in Paragraph (A), <or> (B), (C), or (D) of this subdivision.
2-25 (7) "Sexually violent offense" means an act:
2-26 (A) that violates Section 22.011 or 22.021,
2-27 Penal Code; or
3-1 (B) that involves any physical contact with
3-2 another person, if the defendant committed the act with intent to
3-3 victimize the person under Section 22.011 or 22.021, Penal Code.
3-4 (8) "Sexually violent predator" means a person who:
3-5 (A) has been:
3-6 (i) convicted of a sexually violent
3-7 offense; or
3-8 (ii) adjudicated as having engaged as a
3-9 juvenile in delinquent conduct that is classified as a sexually
3-10 violent offense; and
3-11 (B) suffers from a mental illness or personality
3-12 disorder that affects the emotional or volitional capacity of the
3-13 person in a manner that predisposes the person to commit predatory
3-14 sexually violent offenses.
3-15 SECTION 3. Section 2, Article 6252-13c.1, Revised Statutes,
3-16 is amended to read as follows:
3-17 Sec. 2. REGISTRATION. (a) A person who has a reportable
3-18 conviction or adjudication shall register with the local law
3-19 enforcement authority in any municipality where the person resides
3-20 or intends to reside for more than seven days or, if the person
3-21 does not reside or intend to reside in a municipality, in any
3-22 county where the person resides or intends to reside for more than
3-23 seven days. The person shall register not later than the seventh
3-24 day after the person's arrival in the municipality or county unless
3-25 the municipality or county is listed as the expected residence by
3-26 the person in the registration information provided to a penal
3-27 institution or court under Section 3 of this article, in which
4-1 event the person is not required to register under this subsection.
4-2 (b) The department shall provide each local law enforcement
4-3 authority, penal institution, and court with a form for registering
4-4 persons required by this article to register. The registration
4-5 form shall require:
4-6 (1) the person's full name, each alias, date of birth,
4-7 sex, race, height, weight, eye color, hair color, social security
4-8 number, driver's license number, and home address;
4-9 (2) a photograph of the person and a complete set of
4-10 the person's fingerprints;
4-11 (3) the type of offense the person was convicted of,
4-12 the date of conviction, and the punishment received;
4-13 (4) if the person is a person for whom the court
4-14 enters an affirmative finding in the judgment of the case under
4-15 Article 42.015, Code of Criminal Procedure, information concerning
4-16 the person's criminal history and any treatment received by the
4-17 person for a mental illness or personality disorder; and
4-18 (5) <(3)> any other information required by the
4-19 department.
4-20 (c) Not later than the third day after a person is
4-21 registered under this article <person's registering>, the local law
4-22 enforcement authority with whom the person is registered shall send
4-23 a copy of the registration form to the department. On receipt of a
4-24 person's registration form under this subsection, the department
4-25 shall immediately:
4-26 (1) enter the information into the computerized
4-27 criminal history record system maintained by the department under
5-1 Chapter 60, Code of Criminal Procedure; and
5-2 (2) send to the Federal Bureau of Investigation a copy
5-3 of the person's registration form, including the record of
5-4 conviction and a complete set of fingerprints.
5-5 SECTION 4. Section 3, Article 6252-13c.1, Revised Statutes,
5-6 is amended to read as follows:
5-7 Sec. 3. PRERELEASE NOTIFICATION. (a) At least 30 days, but
5-8 not earlier than 90 days, before a person who will be subject to
5-9 registration under this article is due to be released from a penal
5-10 institution, an official of the penal institution shall:
5-11 (1) inform the person of the person's duty to register
5-12 under this article, including the duty to report any change of
5-13 address under Section 4 of this article, and require the person to
5-14 sign a written statement that the person was so informed or, if the
5-15 person refuses to sign the statement, certify that the person was
5-16 so informed;
5-17 (2) obtain the address where the person expects to
5-18 reside on the person's release and other registration information,
5-19 including a photograph and complete set of fingerprints; and
5-20 (3) complete the registration form for the person and
5-21 send the form to <inform> the department and to:
5-22 (A) the applicable local law enforcement
5-23 authority in the municipality or <unincorporated area of the>
5-24 county in which the person expects to reside, if the person expects
5-25 to reside in this state; or
5-26 (B) the law enforcement agency that is
5-27 identified by the department as the agency designated by another
6-1 state to receive registration information, if the person expects to
6-2 reside in that other state and that other state has a registration
6-3 program for offenders similar to the program established by this
6-4 article <of the person's name, release date, new address, and the
6-5 offense of which the person was convicted>.
6-6 (b) If a person who is subject to registration under this
6-7 article receives an order deferring adjudication, community
6-8 supervision <probation>, or only a fine, the court pronouncing the
6-9 order or sentence shall conduct the prerelease notification
6-10 specified in Subsection (a) of this section on the day of entering
6-11 the order or sentencing.
6-12 SECTION 5. Section 4, Article 6252-13c.1, Revised Statutes,
6-13 is amended to read as follows:
6-14 Sec. 4. CHANGE OF ADDRESS. (a) If a person required to
6-15 register changes address, the person shall provide written notice
6-16 of the person's new address not later than the seventh day after
6-17 the change to the local law enforcement authority with whom the
6-18 person last registered.
6-19 (b) If the person moves to another state that has a
6-20 registration program for offenders similar to the program
6-21 established by this article, the person shall, not later than the
6-22 10th day after the date on which the person arrives in the other
6-23 state, register with the law enforcement agency that is identified
6-24 by the department as the agency designated by that state to receive
6-25 registration information.
6-26 (c) Not later than the third day after receipt of <this>
6-27 notice under Subsection (a) of this section, the local law
7-1 enforcement authority shall forward this information to the
7-2 department.
7-3 (d) Immediately on receiving information under Subsection
7-4 (c) of this section, the department shall:
7-5 (1) <If the person moves to a new municipality or
7-6 county in this state, the department shall> inform the applicable
7-7 local law enforcement authority in the new area of the person's
7-8 residence, if the person moves to a new municipality or county in
7-9 this state; and
7-10 (2) inform the law enforcement agency that is
7-11 designated by another state to receive registration information, if
7-12 the person moves to that state and that state has a registration
7-13 program for sex offenders.
7-14 SECTION 6. Section 8(a), Article 6252-13c.1, Revised
7-15 Statutes, is amended to read as follows:
7-16 (a) This article applies only to a reportable conviction or
7-17 adjudication:
7-18 (1) occurring on or after:
7-19 (A) September 1, 1991, if the conviction is for
7-20 or the adjudication is based on an offense listed in Section
7-21 1(6)<(5)>(A) or (E) <(C)> of this article; or
7-22 (B) September 1, 1993, if the conviction is for
7-23 or the adjudication is based on an offense listed in Section
7-24 1(5)(B) of this article; or
7-25 (C) September 1, 1995, if the conviction is for
7-26 or the adjudication is based on an offense listed in Section
7-27 1(6)(C) or (D) of this article; or
8-1 (2) for which an order of deferred adjudication is
8-2 entered by the court on or after September 1, 1993.
8-3 SECTION 7. Section 9, Article 6252-13c.1, Revised Statutes,
8-4 is amended to read as follows:
8-5 Sec. 9. EXPIRATION OF DUTY TO REGISTER. (a) The duty to
8-6 register for a person with a reportable adjudication under Section
8-7 1(6)(F) of this article ends on the 10th anniversary of the date on
8-8 which:
8-9 (1) the person ceases to be under the supervision of
8-10 the Texas Youth Commission, if the person was committed to the
8-11 Texas Youth Commission other than under a determinate sentence;
8-12 (2) the person is discharged from the Texas Youth
8-13 Commission or the Texas Department of Criminal Justice, whichever
8-14 date is later, if the person was committed to the Texas Youth
8-15 Commission under a determinate sentence; or
8-16 (3) the disposition is made or the person completes
8-17 the terms of the disposition, whichever date is later, if the
8-18 person received a disposition that did not include a commitment to
8-19 the Texas Youth Commission <person's 21st birthday>.
8-20 (b) The duty to register for a person with a reportable
8-21 conviction ends on the 10th anniversary of the date on which the
8-22 person is released from the institutional division of the Texas
8-23 Department of Criminal Justice or <day that> the person discharges
8-24 parole or community supervision, whichever date is later
8-25 <probation>.
8-26 (c) The duty to register for a person with a reportable
8-27 conviction or adjudication based on an order of deferred
9-1 adjudication under Section 1(6)(G) <(5)(E)> of this article <Act>
9-2 ends on the 10th anniversary of the date on which:
9-3 (1) the court dismisses the criminal proceedings
9-4 against the person and discharges the person; or
9-5 (2) the person is released from the institutional
9-6 division of the Texas Department of Criminal Justice or the person
9-7 discharges parole or community supervision <probation>, if the
9-8 court proceeded <proceeds> to final adjudication in the case.
9-9 SECTION 8. Article 6252-13c.1, Revised Statutes, is amended
9-10 by adding Section 9A to read as follows:
9-11 Sec. 9A. VERIFICATION OF ADDRESS. (a) Any local law
9-12 enforcement authority having information that a person subject to
9-13 registration under this article is required to register with the
9-14 authority shall mail a nonforwardable verification form to the last
9-15 reported address of the person.
9-16 (b) Except as otherwise provided by this subsection, the
9-17 local law enforcement authority shall mail the verification form
9-18 required by this section on each anniversary of the date on which
9-19 the person first registered under this article. If the person is a
9-20 person for whom the court enters an affirmative finding in the
9-21 judgment of the case under Article 42.015, Code of Criminal
9-22 Procedure, the authority shall mail the verification form not later
9-23 than the 90th day after the date on which the authority last
9-24 received a verification form returned to the authority under
9-25 Subsection (c) of this section.
9-26 (c) Not later than the 10th day after receipt of a
9-27 verification form under this section, the person shall:
10-1 (1) indicate on the form whether the person still
10-2 resides at the last reported address and, if not, provide on the
10-3 form the person's new address;
10-4 (2) sign the form; and
10-5 (3) return the form to the authority.
10-6 SECTION 9. Chapter 42, Code of Criminal Procedure, is
10-7 amended by adding Article 42.015 to read as follows:
10-8 Art. 42.015. FINDING THAT DEFENDANT IS SEXUALLY VIOLENT
10-9 PREDATOR. In the trial of an offense, the court shall make an
10-10 affirmative finding of fact and enter the affirmative finding in
10-11 the judgment in the case if the court determines that the defendant
10-12 is a sexually violent predator as defined by Article 6252-13c.1,
10-13 Revised Statutes.
10-14 SECTION 10. Section 1, Article 42.01, Code of Criminal
10-15 Procedure, is amended to read as follows:
10-16 Sec. 1. A judgment is the written declaration of the court
10-17 signed by the trial judge and entered of record showing the
10-18 conviction or acquittal of the defendant. The sentence served
10-19 shall be based on the information contained in the judgment. The
10-20 judgment should reflect:
10-21 1. The title and number of the case;
10-22 2. That the case was called and the parties appeared,
10-23 naming the attorney for the state, the defendant, and the attorney
10-24 for the defendant, or, where a defendant is not represented by
10-25 counsel, that the defendant knowingly, intelligently, and
10-26 voluntarily waived the right to representation by counsel;
10-27 3. The plea or pleas of the defendant to the offense
11-1 charged;
11-2 4. Whether the case was tried before a jury or a jury
11-3 was waived;
11-4 5. The submission of the evidence, if any;
11-5 6. In cases tried before a jury that the jury was
11-6 charged by the court;
11-7 7. The verdict or verdicts of the jury or the finding
11-8 or findings of the court;
11-9 8. In the event of a conviction that the defendant is
11-10 adjudged guilty of the offense as found by the verdict of the jury
11-11 or the finding of the court, and that the defendant be punished in
11-12 accordance with the jury's verdict or the court's finding as to the
11-13 proper punishment;
11-14 9. In the event of conviction where death or any
11-15 punishment is assessed that the defendant be sentenced to death, a
11-16 term of confinement or community supervision, or to pay a fine, as
11-17 the case may be;
11-18 10. In the event of conviction where the imposition of
11-19 sentence is suspended and the defendant is placed on community
11-20 supervision, setting forth the punishment assessed, the length of
11-21 community supervision, and the conditions of community supervision;
11-22 11. In the event of acquittal that the defendant be
11-23 discharged;
11-24 12. The county and court in which the case was tried
11-25 and, if there was a change of venue in the case, the name of the
11-26 county in which the prosecution was originated;
11-27 13. The offense or offenses for which the defendant
12-1 was convicted;
12-2 14. The date of the offense or offenses and degree of
12-3 offense for which the defendant was convicted;
12-4 15. The term of sentence;
12-5 16. The date judgment is entered;
12-6 17. The date sentence is imposed;
12-7 18. The date sentence is to commence and any credit
12-8 for time served;
12-9 19. The terms of any order entered pursuant to Article
12-10 42.08 of this code that the defendant's sentence is to run
12-11 cumulatively or concurrently with another sentence or sentences;
12-12 20. The terms of any plea bargain;
12-13 21. Affirmative findings entered pursuant to
12-14 Subdivision (2) of Subsection (a) of Section 3g of Article 42.12 of
12-15 this code;
12-16 22. The terms of any fee payment ordered under
12-17 Articles 37.072 and 42.151 of this code;
12-18 23. The defendant's thumbprint taken in accordance
12-19 with Article 38.33 of this code;
12-20 24. In the event that the judge orders the defendant
12-21 to repay a reward or part of a reward under Articles 37.073 and
12-22 42.152 of this code, a statement of the amount of the payment or
12-23 payments required to be made;
12-24 25. In the event that the court orders restitution to
12-25 be paid to the victim, a statement of the amount of restitution
12-26 ordered and:
12-27 (A) the name of the victim and the permanent
13-1 mailing address of the victim at the time of the judgment; or
13-2 (B) if the court determines that the inclusion
13-3 of the victim's name and address in the judgment is not in the best
13-4 interest of the victim, the name and address of a person or agency
13-5 that will accept and forward restitution payments to the victim;
13-6 <and>
13-7 26. In the event that a presentence investigation is
13-8 required by Section 9(a), (b), (h), or (i), Article 42.12 of this
13-9 code, a statement that the presentence investigation was done
13-10 according to the applicable provision; and
13-11 27. In the event of conviction of an offense for which
13-12 registration as a sex offender is required under Article
13-13 6252-13c.1, Revised Statutes:
13-14 (A) a statement that the registration
13-15 requirement of that article applies to the defendant; and
13-16 (B) if applicable, an affirmative finding
13-17 entered pursuant to Article 42.015.
13-18 SECTION 11. Section 6, Article 6252-13c.1, Revised Statutes,
13-19 is repealed.
13-20 SECTION 12. (a) Except as provided by Subsection (b), the
13-21 change in law made by this Act applies only to a reportable
13-22 conviction or adjudication as defined by Article 6252-13c.1,
13-23 Revised Statutes, that occurs on or after the effective date of
13-24 this Act or to an order of deferred adjudication for a person
13-25 required to register under that article that is entered by the
13-26 court on or after the effective date of this Act. A reportable
13-27 conviction or adjudication that occurs before the effective date of
14-1 this Act or an order of deferred adjudication that is entered
14-2 before the effective date of this Act is covered by the law in
14-3 effect when the conviction or adjudication occurred or the order
14-4 was entered, and the former law is continued in effect for that
14-5 purpose.
14-6 (b) The duty of the Department of Public Safety to destroy
14-7 registration information of a person under Section 6, Article
14-8 6252-13c.1, Revised Statutes, repealed by this Act, applies only to
14-9 a person with a reportable adjudication who has reached the age of
14-10 21 before the effective date of this Act.
14-11 SECTION 13. The duty of a local law enforcement authority to
14-12 mail a verification form to a person under Section 9A, Article
14-13 6252-13c.1, Revised Statutes, as added by this Act, applies only
14-14 with regard to a person who first registers on or after the
14-15 effective date of this Act.
14-16 SECTION 14. This Act takes effect September 1, 1995.
14-17 SECTION 15. The importance of this legislation and the
14-18 crowded condition of the calendars in both houses create an
14-19 emergency and an imperative public necessity that the
14-20 constitutional rule requiring bills to be read on three several
14-21 days in each house be suspended, and this rule is hereby suspended.